Appellate Division: Second Judicial Department

M100033

M/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-10106, 2009-10245 In the Matter of Monique I. (Anonymous). Administration for Children's Services, petitioner-respondent; Pamela C. (Anonymous), appellant, et al., respondent. (Docket No. B-13811-08)

DECISION & ORDER ON MOTION

Appeals by Pamela C. from two orders of the Family Court, Kings County, dated September 4, 2009, and September 11, 2009. By order to show cause dated January 27, 2010, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered relieving the attorney assigned by order on certification dated December 15, 2009, to perfect the appeals on behalf of the appellant Pamela C. on the ground that the attorney has been unable to contact that appellant, and dismissing the appeals by Pamela C. .

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appeals by Pamela C. in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel for Pamela C. of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the assigned counsel for Pamela C. shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 15, 2009, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the appeals taken by the appellant Pamela C. may be dismissed.

DILLON, J.P., BALKIN, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.